Hansch v Transport Workers Union of Australia, Tasmanian Branch [1996] IRCA 145

DECISION NO: 145/96 IN THE INDUSTRIAL RELATIONS COURT ) OF AUSTRALIA ) TI 95/1264 TASMANIA DISTRICT REGISTRY ) BETWEEN: BARRY HANSCH (Applicant) AND: TRANSPORT WORKERS UNION OF AUSTRALIA (First Respondent) AND: KENNETH JOHN BACON (Second Respondent) AND: SILAS FRANK MANLEY (Third Respondent) AND: RAYMOND GEORGE AUSTIN (Fourth Respondent) AND: JOHN MALLETT (Fifth Respondent) AND: SAMUEL McCRAE BARKER (Sixth Respondent) CORAM: Ryan J DATE: 19 April 1996 PLACE: Hobart MINUTES OF ORDER THE COURT ORDERS: 1. It is declared that the applicant continues at the date of this Order to hold office and to be employed as State Organiser (Hobart) within the Tasmanian Branch of the first respondent. 2. That the respondents other than the first respondent perform and observe the Rules of the first respondent by opening a special bank account to be styled "Transport Workers Union of Australia Tasmanian Branch Long Service Leave and Annual Leave Account" and by maintaining that account in credit in an amount equal to the actual and contingent liabilities of the Tasmanian Branch for long service leave and annual leave for its officers and employees as assessed at least annually. 3. That the respondents, other than the first respondent, pay into the TWU Superannuation Fund the amount (if any) by which the employer's contributions paid to the said fund in respect of the applicant are hereafter agreed or found upon inquiry by a Registrar or otherwise as directed to be deficient. 4. That liberty be reserved to any party to apply on not less than 48 hours notice in writing to the other parties. NOTE: Settlement and entry of Orders is dealt with in Order 36 of the Industrial Relations Court Rules.